[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13490-13492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6258]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-580-816)
Certain Corrosion-Resistant Carbon Steel Flat Products from the
Republic of Korea: Notice of Final Results of the Fifteenth
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 8, 2009, the Department of Commerce (the
Department) published the preliminary results of the antidumping duty
administrative review for certain corrosion-resistant carbon steel flat
products (CORE) from the Republic of Korea (Korea). See Certain
Corrosion-Resistant Carbon Steel Flat Products from the Republic of
Korea: Notice of Preliminary Results of the Antidumping Duty
Administrative Review, 74 FR 46110 (September 8, 2009) (Preliminary
Results). This review covers seven manufacturers and exporters
(collectively, the respondents) of the subject merchandise: LG Chem.,
Ltd. (LG Chem), Haewon MSC Co. Ltd. (Haewon), Dongbu Steel Co., Ltd.,
(Dongbu), Hyundai HYSCO (HYSCO), Pohang Iron & Steel Co., Ltd. (POSCO)
and Pohang Coated Steel Co., Ltd. (POCOS) (collectively, the POSCO
Group), and Union Steel Manufacturing Co., Ltd. (Union) (collectively,
respondents).\1\ The period of review (POR) is August 1, 2007, through
July 31, 2008.
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\1\ As noted in the Preliminary Results, the Department selected
HYSCO and Union as mandatory respondents in this review. See
Memorandum from Christopher Hargett, International Trade Compliance
Analyst, through James Terpstra, Program Manager, to Melissa
Skinner, Director, Office 3, entitled ``2007-2008 Antidumping Duty
Administrative Review of Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea: Selection of Respondents for
Individual Review,'' dated December 8, 2008. On July 8, 2009, we
reconsidered our resources and found it practicable to review the
POSCO Group as a voluntary respondent. See Memorandum from James
Terpstra to Melissa Skinner entitled ``2007-2008 Antidumping Duty
Administrative Review of Certain Corrosion-Resistant Carbon Steel
Flat Products from the Republic of Korea: Selection of POSCO as a
Voluntary Respondent,'' dated July 8, 2009.
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As a result of our analysis of the comments received, these final
results differ from the Preliminary Results. For our final results, we
find that HYSCO, the POSCO Group, and Union, made sales of subject
merchandise at less than normal value (NV). In addition, based on the
final results for the respondents selected for individual review, we
have determined a weighted-average margin for those companies that were
not selected for individual review.
EFFECTIVE DATE: March 22, 2010.
FOR FURTHER INFORMATION CONTACT: Dennis McClure (Union), Christopher
Hargett (HYSCO) and Victoria Cho (the POSCO Group, and non-selected
companies), AD/CVD Operations, Office 3, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-5973,
[[Page 13491]]
(202) 482-4161, and (202) 482-5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 8, 2009, the Department published the Preliminary
Results. In the Preliminary Results, the Department determined that
HYSCO, the POSCO Group, and Union made sales of subject merchandise at
less than NV during the POR. In addition, based on the preliminary
results for the respondents selected for individual review, the
Department calculated a weighted-average margin for those companies
that were not selected for individual review. On November 16, 2009, the
Department extended the time limits for the final results of this
review until no later than March 8, 2010. See Corrosion-Resistant
Carbon Steel Flat Products from the Republic of Korea: Notice of
Extension of Time Limit for the Final Results of Antidumping Duty
Administrative Review, 74 FR 58945 (November 16, 2009).
Comments from Interested Parties
We invited parties to comment on our Preliminary Results. On
January 20, 2010, United States Steel Corporation (US Steel) filed its
case briefs concerning all three mandatory respondents. On the same
day, the three mandatory respondents filed case briefs. On January 27,
2010, US Steel, and Nucor Corporation (Nucor) filed rebuttal briefs
concerning all of the mandatory respondents. The three mandatory
respondents filed rebuttal briefs on the same day. The Department
conducted a public hearing on January 28, 2010.
Scope of the Order
This order covers cold-rolled (cold-reduced) carbon steel flat-
rolled carbon steel products, of rectangular shape, either clad,
plated, or coated with corrosion-resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or
not corrugated or painted, varnished or coated with plastics or other
nonmetallic substances in addition to the metallic coating, in coils
(whether or not in successively superimposed layers) and of a width of
0.5 inch or greater, or in straight lengths which, if of a thickness
less than 4.75 millimeters, are of a width of 0.5 inch or greater and
which measures at least 10 times the thickness or if of a thickness of
4.75 millimeters or more are of a width which exceeds 150 millimeters
and measures at least twice the thickness, as currently classifiable in
the Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090. Included in this order are
corrosion-resistant flat-rolled products of non-rectangular cross-
section where such cross-section is achieved subsequent to the rolling
process (i.e., products which have been ``worked after rolling'') - for
example, products which have been beveled or rounded at the edges.
Excluded from this order are flat-rolled steel products either plated
or coated with tin, lead, chromium, chromium oxides, both tin and lead
(terne plate), or both chromium and chromium oxides (tin-free steel),
whether or not painted, varnished or coated with plastics or other
nonmetallic substances in addition to the metallic coating. Also
excluded from this order are clad products in straight lengths of
0.1875 inch or more in composite thickness and of a width which exceeds
150 millimeters and measures at least twice the thickness. Also
excluded from this order are certain clad stainless flat-rolled
products, which are three-layered corrosion-resistant carbon steel
flat-rolled products less than 4.75 millimeters in composite thickness
that consist of a carbon steel flat-rolled product clad on both sides
with stainless steel in a 20[percnt]-60[percnt]-20[percnt] ratio.
These HTSUS item numbers are provided for convenience and customs
purposes. The written descriptions remain dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the accompanying Issues and
Decision Memorandum, which is hereby adopted by this notice. A list of
the issues which parties have raised, and to which we have responded in
the Issues and Decision Memorandum, is attached to this notice as an
Appendix. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Final Results of Review:
We determine that the following weighted-average margins exist:
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Manufacturer/exporter Percent margin
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HYSCO.................................... 3.29[percnt]
The POSCO Group.......................... 0.01[percnt] (de minimis)
Union.................................... 14.01[percnt]
Review-Specific Average RateApplicable to 8.65[percnt]
the Following Companies\2\:LG Chem,
Haewon, and Dongbu......................
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\2\ This rate is a simple average percentage margin (based on the two
reviewed companies with an affirmative deposit rate) for the period
August 1, 2007, through July 31, 2008, and normally does not include
zero and de minimis rates or any rates based solely on the facts
available.
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to 19 CFR 351.212(b). The Department calculated
importer-specific duty assessment rates on the basis of the ratio of
the total antidumping duties calculated for the examined sales to the
total entered value of the examined sales for that importer. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise by that importer. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of these final results of
review.
The Department clarified its ``automatic assessment''' regulation
on May 6, 2003 (68 FR 23954). This clarification applies to POR entries
of subject merchandise produced by companies examined in this review
(i.e., companies for which a dumping margin was calculated) where the
companies
[[Page 13492]]
did not know that their merchandise was destined for the United States.
In such instances, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of CORE from Korea entered, or withdrawn from warehouse, for
consumption on or after the publication date of these final results, as
provided by section 751(a) of the Tariff Act of 1930, as amended (the
Act): (1) for companies covered by this review, the cash deposit rate
will be the rate listed above; (2) for previously reviewed or
investigated companies other than those covered by this review, the
cash deposit rate will be the company-specific rate established for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the less-than-fair-value investigation, but
the producer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the subject merchandise;
and (4) if neither the exporter nor the producer is a firm covered in
this review, a prior review, or the investigation, the cash deposit
rate will be 17.70 percent, the all-others rate established in the
less-than-fair-value investigation. These deposit requirements shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during this review period. Failure
to comply with this requirement could result in the presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent increase in antidumping duties by the amount of
antidumping and/or countervailing duties reimbursed.
Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 15, 2010.
Kim Glas,
Acting Deputy Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Accompanying Issues and Decision Memorandum:
A. General Issues
Comment 1: Treatment of ``Negative Dumping Margins'' (Zeroing)
Comment 2: Comment 2:Home Market Revenue for the POSCO Group (Freight
and Interest) and HYSCO (Interest)
Comment 3: Use of Quarterly Cost Methodology
Comment 4: Laminated Products
B. Company-Specific Issues
Hyundai HYSCO
Comment 5: Date of Sale
Comment 6: Liquidations Instructions
Comment 7: Major Input Adjustments
The POSCO Group
Comment 8: Inadvertent Omission of Certain U.S. Sales from POSCO's
Margin Calculations in the Post-Preliminary Analysis
Comment 9: The Treatment of Certain SAS Programming for the POSCO Group
Comment 10: The Department's Calculation of POCOS' Loans in the
Calculation of the Home Market Interest Rate
Comment 11: The Department's Calculation of POSCO America Corporation
(POSAM)'s Indirect Selling Expense
Comment 12: Financial Expense Ratio Calculation
Comment 13: Margin Calculation Error for Applying General and
Administrative Expense Ratio Union
Comment 14: Window Period Sales
Comment 15: The Treatment of Overrun
Comment 16: Union's General and Administrative and Financial Expense
Ratios
[FR Doc. 2010-6258 Filed 3-19-04; 8:45 am]
BILLING CODE 3510-DS-S